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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 522
BY EDUCATION COMMITTEE
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AN ACT
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RELATING TO EDUCATION; AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE AD-
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DITION OF A NEW SECTION 33-137, IDAHO CODE, TO ESTABLISH PROVISIONS RE-
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GARDING DIGITAL AND ONLINE LIBRARY RESOURCES FOR CERTAIN STUDENTS; AND
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AMENDING CHAPTER 25, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
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TION 33-2508, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING DIGITAL AND
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ONLINE LIBRARY RESOURCES FOR CERTAIN STUDENTS.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 33-137, Idaho Code, and to read as follows:
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33-137. DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS. (1) A
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school district or public charter school may offer digital or online library
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resources to students in kindergarten through grade 12 only if the vendor
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or other person or entity providing the resources verifies that all the re-
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sources will comply with the provisions of subsection (2) of this section.
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(2) Digital or online library resources offered by school districts
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or public charter schools to students in kindergarten through grade 12 must
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have safety policies and technology protection measures that:
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(a) Prohibit and prevent a user of the resource from sending, receiv-
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ing, viewing, or downloading materials that are deemed to be harmful to
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minors, as defined by section 18-1514, Idaho Code; and
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(b) Filter or block access to obscene materials, materials harmful to
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minors, and materials that depict the sexual exploitation of a minor, as
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defined in chapter 15, title 18, Idaho Code.
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(3) Notwithstanding any contract provision to the contrary, if a
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provider of digital or online library resources fails to comply with the re-
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quirements of subsection (2) of this section, the school district or public
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charter school may withhold further payments, if any, to the provider pend-
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ing verification of compliance with that subsection.
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(4) If a provider of digital or online library resources fails to timely
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verify that the provider is in compliance with the requirements of subsec-
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tion (1) of this section, the school district or public charter school may
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consider the provider's act of noncompliance a breach of contract.
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(5) No later than December 1 of each year, the Idaho commission for li-
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braries shall submit to the governor and the senate and house of representa-
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tives education committees an aggregate written report on any issues related
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to provider compliance with technology protection measures required by sub-
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section (2) of this section.
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SECTION 2. That Chapter 25, Title 33, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 33-2508, Idaho Code, and to read as follows:
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33-2508. DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS. If
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the commission for libraries provides digital or online library resources
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for the use of students in kindergarten through grade 12, the commission
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shall comply with all provisions of section 33-137, Idaho Code.